##VIDEO ID:lLrRuWShFhw## okay I'll get started set call Award of Brad Beach L board meeting for January 16th please rise allege allegiance to flag of the United States of America and to the rep for it stands one nation under God indivisible liberty and justice for all okay this reorganization meeting of the L use board will be taking place here in person in the meeting room located at 701 Main Street B Bradley Beach um at this time we kindly ask that everyone please silence all cell phones and other paging devices as they are distracting others the 48h hour notice is required under the open public meetings act has been met as noticed this meeting was emailed on January 7th 2025 published in the Asbury Park Press the coast jar and the coaster a copy has been placed on the bulletin board in the burrow office and a copy has been filed at the burrow clerk uh mayor goosi here councilman nowiki here Miss Hernandez here Mr Mayor here miss Mahoney here Mr here miss sarine here uh Mr wisho is excused this evening U Mr Mayor here U Mr par here Mr warnett here and Miss Ley here um also present this evening um currently we have an Mar Roso from Wier lesnak jel Freda and Christine b um our first order of business um and Mar I don't know if you want to help us out here uh we need to swear in everyone because everyone has new terms um I know you're I gave you copies of your oats you have a copy of everyone I kind of put them in order um it is confusing because you do have our our class for members are for your appointments but your expiration dates are not four years because we had to stagger the terms um so don't be confused that it says two year and you're only there for one or it says four and you're only there for two so um I guess do you want to swear in everyone together well let me just take one second cuz the only thing that's changing is is their position and their their inspiration dat so what I will do is I will swear in the class one board member who is the mayor swearing uh swear in the class three who is uh Paul nocki and then we will do all of the class four members together you will say your own name when I when I repeat after me you say your own name and then we will do the alter as a swearing in so okay this way uh I don't have to announce different titles for everyone perfect okay so Mr Mayor if you raise your right hand do you want to stand or not sure it's not up doesn't matter but anyway um repeat after me I mayor Al gubitosi I mayor Al guozi do solemnly swear or affirm do solemnly swear or affirm that I will support the Constitution of the United States that I will support the Constitution of the UN United States and the constitution of the state of New Jersey and the constitution of the state of New Jersey and they will that I will bear true faith and allegiance to the same and that I will bear true faith and allegiance to the same and to the governments established in the United States and in this state and to the governments established in the United States and in this state under the authority of the people under the authority of the people and that I will faithfully impartially and justly perform all of the duties of office and I will faithfully and partially and justly perform all the duties of office as the class one board member for the remainder of my term which expires December 20 uh 31 2028 as the class one board member for the remainder of my term which expires on 1231 2028 according to the best of my abilities so help me God according to the best of my ability so help me back and if you sign that and pass it down to me I will witness that Mr no Wiki I'll stand here okay be a little formal uh I I pull uh your oath of Allegiance I Paul N Wiki do solemnly swear or affirm I Paul N Wiki do solemnly swear or affirm that I will support the Constitution of the United States and the constitution of the state of New Jersey I will support the Constitution of the United States and the constitution of the state of New Jersey and I will bear true faith and allegiance to the same and I will bear true faith and allegiance to the same and to the governments established in the United States and in this state and to the governments established in the United States and in this state under the authority of the people under the authority of the people and that I will faithfully impartially and justly perform all of the duties of office and that I will faithfully and partially and justly perform all the duties of office as the class three board member for a term expiring 1231 2025 as a class three board member for ter sping 1231 2025 according to the best of my ability so help me God according to the best of my ability so help me God and again sign that and we will have that witness so all class four members will do you now that would be Miss Hernandez Miss Mahoney Mr Mayor Mr Coen Coen and miss sarini SAR SAR okay it's not an i at the yet okay very good so um just Raise Your Right hands oath of Allegiance I I do swear or affirm that I will support the Constitution of the United States and the constition of the state of newy true faith and Al to the and to the governments established in the United States and in this state and under the authority of the people I Faithfully per the duties ofice as1 according to the best my ability so help me I think we pass if I could asked each of you to sign that and then our alternates which we have four and I think one is AB correct uh no it was one of our class for members that was okay uh so this is for Mr mayart car warnette and Lee Ley Ley okay uh they did a good job so if you could just all at the same time it's a composition I do Solly swear or affirm that I support the Constitution of the United States and theti of the state of New Jersey and that I will bear true Fai in to the and to the governments established in the United States and in this state under the authority of the people and will Faithfully partially and justly perform all the duties of office as the alate to Bo M for 12312 my ability so help me God very good thank you very much sign thank you thank you sir okay um our next order of business is uh for the appointments of chairman Vice chairman and the board secretary I to nominate this we're doing this so um do I have anyone to offer a name for chair person I'd like to uh nominate TJ I have a second nominations well first we have to okay there's no second um no second you want a second no no no um I'm just going to call you an order uh mayor G yes I'm Mr NWI yes Miss Fernandez no Mr Mayor no uh Miss Mahoney yes Mr Coan yes Miss sine no and do I know like call my alternates for nominations what has been your you don't know what your past practice I I don't recall we only do this once a year the the prohibition against alternates is really for the applications appliations but for reorganization business I think that you can do the alternate yes okay um and I think I have in the past that's why I'm just asking okay um Mr Mayor no uh Mr par yes uh Mr warnett no and Miss Ley yes so the A's have it that's what I yeah which was the same before you counted the Orin okay it was 43 at that point yeah that's why I was like so the Y's are in favor of Mr Co Coen Coen yep Co okay and for vice chair I dominate tennis mayor tennis mayoros yes Mr nowiki so just for clar is a Class one may can the chair of the planning board that's oh Mr Mayor oh Mr Mayor assum no he cannot be so are you in favor Dennis mayor Dennis mayor okay okay um Miss Hernandez yes Mr Mayor yes Miss Mahoney yes Mr Cohen yes Miss s yes uh Mr Mayor yes Mr Park yes uh Mr warnett yes and Miss Ley yes all in favor congratulations thank and and uh does anyone have a name to offer for the board secretary uh mayor gr toi yes Mr nowicki yes Miss Hernandez yes uh Mr Mayor yes Miss money yes chair yes s yes Mr Mayor yes Mr CLK yes Mr waret yes and miss lady yes thank you thank you without R before you call for board attorney might I speak for a few minutes sure Mr chair do you mind if I speak for a few minutes okay so our firm uh uh submitted in rf2 and I understand that we were recommended by your subcommittee but I did want to introduce myself and my uh partner that supervises me who is Ronald Ciera maybe some of you know him already he does a lot of land use throughout the state and has for many years I also have been a uh public entity attorney specializing in that for at least the past 30 years my first 10 years or so I I did litigation of all kinds including land use matters I now uh my public entity I have done burrow representation Township representation City representation County representation so I have a wide experience in representing the public entity I also do board work that's kind of what I specialize in now but I did want to let the board know and the mayor know I have a lot of experience in the open public meetings act Oprah and I I have quite a specialty going with Oprah now uh I represent Boards of Ed throughout the uh State and my firm does I do all the Oprah for at least five or six Boards of Education which get a lot of opris I do it for townships and I do it for some County colleges uh so if there's ever an issue of the board with Oprah or you have an issue especially when a pending application may be uh you know uh cumbersome or or difficult with members of the public um uh I am always available for that and I usually would also make sure I consult with your clerk who is responsible for running the the Oprah or with the mayor or with uh the uh burrow CL burrow attorney uh so I'm happy to be here I do represent four or five boards right now individually I have zoning board experience as well as planning board experience and land use board experience which is different of course than separate uh entities did you have a question yeah which ones do you currently do I do well I do brick right now the zoning board it's a very busy board I go there every two weeks they have five or six applications inevitably and there's always a big big applications as well uh I do a lot of their commercial on their main highways and Ron handles the religious ones or the school matters which are usually have to be held at the uh High School auditorium and become complex many meetings I handle uh the difficult commercial matters but he's a specialist when it comes to Rupa and and those kinds of inherently beneficial uses that some boards say and he also handles that that type of litigation and any type of litigation for zoning and land use boards he has wide experience I was telling this gentleman that if I get stuck on something before I look at the book I can call the book he really knows and has a a memory of that and we work very closely together when he can't be here I will be here when I am here and he has to cover me like for example he's doing a a church matter in Brick for me now because it just makes sense if it's going to go to litigation it's good to have the attorney who might handle the litigation working with that definitely with the board attorney or sitting in and doing those difficult matters um so I would did want to give you a little bit of experience uh a taste of our experience I generally will work through the chairman I I try not to have individual board members call me because as a cost control matter and also as a sort of hierarchy that we should uh we should uh obey things that you need to ask me should really go through the the clerk or through the chair uh and then over to me it should be first with staff that any questions that board members might have the only uh exception I take to that and I don't take it as an exception but I want to let you know that with respect to conflicts of interest where you think you might have a conflict of interest with an applicant uh or an applicant's counsil or an applicant's Witness you should always talk to the clerk about that and and then she should always send you over to me I do speak in confidence to board members about conflicts of interest I guide you in what I think is the appropriate way when it's definitely a conflict of interest I will say to you you must refuse if it's a close call I analiz it and I am practical about it I don't like people to be conflicted out with where the law doesn't call for you to be conflicted out and I have wide experience in ethical considerations in my past uh representation and I have represented eth ethics boards on the local level which are allowed to to have you're allowed to have uh local ethics boards I've handled local Finance board ethics matters which are if if there's an Ethics complaint against one of you that's where it goes is to the local Finance board County DCA uh it's part of DCA local Finance board is local but it's under DCA uh so I don't want to take up too much of your time but with respect fantastic introduction okay very good I'm glad because you know again the conflict of interest I keep that confidential I speak confidentially with the particular member I may then discuss with the chair where we ended up with it without sharing confidences is I'm never the attorney of any one of you individually I am the attorney for the board so my representation will always be what is best for the board and what should happen with the board so unless there's any other questions I hope I get the nomination and uh you have our RFQ which we gave you our hourly rate and we gave you a substantial booklet of information you did the sub subcommittee did a detailed review good so we're happy to have it here do I have a motion board for Board of attorney for 225 I would make a motion to approve I Pi the name of your firm the name of the firm is weer law grer Law Group LLC right second sorry I'm just writing all okay um mayor guos yes um councilman Noy yes Miss Hernandez yes uh Mr Mayor yes Miss Mahoney yes chair Cen yes Miss s yes Mr Mayor yes Mr C yes Mr Moret yes and miss lady yes thank you congratulations thank you appreciate it thank you you can stay thank God because we were gonna have to cancel the meeting um oh well hold on um does anyone want make a recommendation for word engineer have have to offer a name pleasure Jerry i' second that okay Jerry of lakan you expect got his runninges um mayor gr toi yes councilman nki yes Miss Hernandez yes uh Mr Mayor yes Miss Mahoney yes uh Chen yes Miss sarine yes um Mr Mayor trying to call order Mr par yes um Mr warnett yes and Miss Ley yes thank you okay and next is our board planner I have a motion from the board thank you uh mayor guos yes councilman nowiki Miss Hernandez Mr Mayor yes Miss Mahone yes chair Cohen yes Miss harine yes Mr Mayor yes Mr I got you Mr marett yes and Miss Ley yes thank you all very much and next is the um newspapers for publication of legal notices for the board um I had just listed the Asbury Park Press the co-star and the coaster those are the three that we've used in the past um does anyone see a reason to change those newspapers it'sing scho bus yeah make a motion we approve those three those three Publications is one of those designated as the uh burrow official newspaper I think they use all three as well okay but I mean do they designate one do you designate one your official newspaper no I think we noticed in all three okay I know you're only the law only requires two the law only requires two newspapers but the law requires that you designate one as an official so if the township doesn't um sorry if the burrow doesn't have one uh I would recommend that the board choose one or follow along with your what Your borrow does so it might need to be done at the Bev level I'm not I'm not here to say that or not but to that point the the reason being you can't leave the especially land use matters there isn't a lot of notice going on before the mayor and councel except their own notices but here we have the public who's bringing applications who must notice and you can't leave them to choose which newspaper they want to use as the official that's why you have to design def that's that's very interesting because that's the way they've done it in the past and I guess a lot of it has to do with the the weeklys are only on Thursdays the presses every day and there is a law that was just either just signed or just about to be signed I just got a an email from my uh you know my service that tells us new laws right uh that uh I read it through but I can't remember which one did it was it signed by the governor or is it about to be there is a new law about to be adopted that changes how we treat newspaper publication so the basically they want to bring the use of newspaper publication into the 21st century they're going to be accepting uh uh notices on websites as well as in the newspapers so that would that will be a help to our our local entities as well I will guide you on that you may have to change this uh Motion in the near future to accommodate that new law so that we can take advantage of it it saves you money if you can do a love if you can do a a an official notice on the website which I'm sure you do anyway uh we would want to use that in lie of paying a newspaper fee well and I think that's the other reason was the cost Factor too because the Asberry Park Press is rather expensive to publish in although um you know they they publish more frequently than the local papers and that's a problem for land use matters so we we do I recommend at this point designate one and you probably should designate the par press as the official accept the other two as a secondary and we will look I will look at that new law and figure that out currently the council actually has four cage they actually have The Ledger on the Star Ledger so I mean I don't know how many people in nework are reading about yeah uh and I I don't think that they would be the official for your for your B either but that's interesting again I I think more is not always better when it comes to publication because it it requires applicants to go running for for different places and then they have to make sure that they get the affidavits that have to be filed with our board secretary you know so more is generally not better okay well I I would uh I would like to amend this motion to make the es Park Press the official paper and have the coar and the poster the secondary add little differ it's subject to what council Dees subject to council should be on the same the borrow Council subject to the borrow Council designating an official and designating official and secondary will be advertising in law three or only we do you do not yeah and you do not have to advertise an Al I mean when I say we I mean us yes no absolutely not the law only requires two Publications and I think that's about to change Christy what what do we I person well because especially for the board generally I only do the annual notice so I do all three yeah I usually do the Asberry par the and the co-star because that's the two local papers and the asbery Park Press um if we have a special meeting for whatever reason that's not in our annual date list yeah um I do the same thing for that because it's not not that often I mean obviously when we were doing Zoom yeah during covid I was doing all three and that was very expensive because it had to include a lot of information and I was putting it in the Press I was putting it in the coaster I was putting in the postar but technically under the open public meeting that we only have to do two yes but you don't even have to publish special meetings all your responsibility is is that you have proof that you sent it to them they don't actually have to put it into the newspaper and you don't actually have to pay for that publication okay so we can go over that you and I together okay again it's a cost-saving measure and also you know I mean we had a I had a litigation just three months ago where opma where the Board of Ed was getting shed for not publishing correctly and the judge reiterated what the statute says which is all you have to do except for the annual notice all you have to do is submit it to the official and a second newspaper you don't have to have it published so so you just have to have a copy of her email you have to have a copy of the email and usually they give you an email response back we've received yours so that's what you would have to keep as your official record if anyone ever and this board of bed the the plaintiff was looking to VA invalidate things that happened six months after publication because if you mess up your annual notice for example you now have to publish the whole year every single meeting so that's why the annual notice is really really important that we get it like that's the one that has to be published two places so when so when you send it to the paper are you giving them the option or whether or not they're going to well most of the clerks that I deal with say we are just we are submitting this publication is not required and so then it's up to the paper whether or not they decide well no no they won't they won't they won't publish it unless you authorize them to pay and you pay so they won't will not publish it all it has to do is be submitted I will check that new like I said this new law doesn't change the old law but it adds to it so I have to analyze what's happening with it so I will give you a definitive on that very very shortly because I have to do it for all my boards frankly um and uh you have you usually would submit the your annual notice right after this reor right so you give me a couple of days you you're off on Monday I am okay by Tuesday Town Hall uh borrow excuse me B Hall is Clos as far as I know yes yes so I'll I'll talk to you by Tuesday on what the content of the new statute is going to be and also when it's effective it may not be effective now so we may not get the benefit now all right so I don't know the any of this is new to you guys but I do be an activist with respect to especially the annual notice um so do we have a second on that uh with with the change to the official and subject to borrow Council reval right um mayor gr toi yes um councilman nowiki yes Miss Hernandez yes Mr Mayor yes Miss Mahoney yes uh chair Coen yes Miss harisen yes Mr Meer yes Mr CL yes Mr warnett yes and Miss ladyy yes thank you okay so um I had pulled uh a calendar for 2025 to ensure that our normal meeting dates um our regular meeting dates which are generally the third Thursday of the month um did not fall on um any religious holidays or um you know any other holidays um and they didn't so it turns out that um all of our our third Thursdays of each month uh January through obviously tonight through December 18th um were available the only um I always list the secondary dates um for we reserve these dates for special meetings if they're requested by an applicant um or if we have an abundance of applications and we can't for whatever reason make the 120 day uh deadline or um and we have to have an extra meeting that month so those are generally held on the fourth Thursday um because we have to be respectful of other committees commissions that use this meeting room so we only have this one meeting room and um those dates historically have been used by the planning board and Zoning Board adjustment and we had them um so we just stuck with that schedule the the third and fourth Thursdays and I have a question sure because it's the first time I've seen that that's very good because a lot of boards struggle with special meetings um are you putting this into your annual notice I do you do okay and I usually list it just like this okay I'm going to look at that okay because if you publish certain if you publish meetings you generally have a duty to hold okay so we this may be what you're really doing is reserving this room on your Clerk's calendar so that other boards don't get the room she she she won't box out others she'll call you and say do you have a special meeting this month you say no and she's going to give it to someone else so that's really an internal thing and I would tell you that it's probably not appropriate to publish it okay because then the members of the public might say well I came here on January 23rd no one was here you didn't check with the board secretary you would have told you there was nobody this is something that sounds to me like it should only be internal yeah because I usually don't list these on the burrow calendar that's on the website right um I usually just list the regular meeting dates um yeah but for purposes of not having to Reen notice every time we do decide to have a special meeting we just rely on you you do have to uh noce a special meeting you know so this can includ it well this a reservation of a room doesn't really um uh satisfy the open public records act open public meetings act publication I I say this because I just had a read a case recently where the the college College which follows the same rule that we do was a college that was opening to the public at the scheduled time 7 o'clock at night going directly into closed session and staying in closed session for hours at a time while members of the public sat out there and there was when they did that they motioned to go into motion to come out of close but they never advise the public we will be out here within 45 minutes so the court felt that that was a violation of open public meetings act because you said you were going to have an open public meeting at 7 o'clock and you didn't come out till 10:30 so the even the time where you have a publication is important when you do your annual winess so that's why I'm reluctant to see this definitively going to the annual I'll get back you on Tuesday for that as well you're not going to publish before Tuesday okay we have time that's why I said our next our next meeting wouldn't be until February so we have time on that all right I apologize I'm doing a lot of talking no it's okay but this is reord meeting and you know we'll we'll handle these before they become issues yeah now emry if if we if we do put this in the N anual notice um can we just cancel these meetings through agenda process you can can say on the like two weeks before this meeting or whatever we don't need a special meeting tonight and we're releasing the room and please put a notice on the on the um website please put a notice on the board downstairs please put and and then not to forget the night where you had these the proper cancellation any of these meetings real ones or reserved ones when you cancel you have to put a notice that day on the doors right right so you would do that you don't have to do a notice to the to the newspaper to cancel a meeting right but but those three places you would you would do that so would it be better just to post them in our annual notice and then just cancel them every two weeks before perhaps perhaps we could even agree at the previous meeting two weeks before do we need the meeting as a as a board right because if you haven't had the meeting already taken by an applicant by two weeks he's too late cuz he's got to do notice for 10 days right so we are going to know on our third meeting that there's probably nothing coming up on the fourth week right so we can we can definitely do that on a rolling bases cancel that meeting in an open public meeting we announce it and then those three places it gets published by it gets put up that's actually publication put up on the three places the bo the bulletin board the website and the front door it's it is a burden to remember that that your board clerk has to remember that you do this for your planning board oh no you don't have a planning board okay so that's that's good that you don't have to do it I'm I'm reluctant I've never seen this in 35 years so I need to definitely look at this and I'll analyze it I'll talk to Ron about it and make sure we're doing things right and the object is not to burden the board but also to expedite resident applicants there absolutely absolutely I agree with you but publication is probably a step too far reservation with your Clerk and you if you've done it in the past she's going to take your reservation for the year right now and maintaining it internally not necessarily putting it out there or on your calendar oh we have a temporary meeting we have the tentative meeting we have a reserve meeting may not be a good thing you let's say we just put these in internally these that's what I was just thinking I mean it's not necessary but now do we have to do we have to notice publicly that there's going to be a meeting on that day well whenever you have a special meeting you have to do a yeah and you have 48 hours up to 48 hours to do a special meeting and uh you know I don't recommend 48 Hours unless you're doing an emerg special the applicant that night would have to 10 days in the yes that's correct but the the the public entity only has to take 48 hours or more you have to at least publish it two days before so every special meeting even where you say this when you're saying reserved I mean I'm so there was there would be I mean unless like you said we decided earlier in the month that we were going to need that there's there's no way that we could even have it published I don't think so I I don't think that this is proper procedure it may it for some reason it may have helped you as board secretary to keep track of these or even you because you can put it into and that's really why we did it because you know everybody's volunteer you know and so just so that you're aware there could potentially be yeah a meeting the following week so that everybody can kind of have it in their calendars and and let me tell you and we always pull the before we offer that meeting anyway busy busy busy boards they can't get enough ton yeah so this is a real good thing it's just that the methodology of what you're doing may not behoove us to do it that way it's out of the ordinary it's it's an extraordinary well I was the board secretary for 13 years in Neptune Township and we did the same thing they did this too yeah absolutely we do the historical preservation over there um yeah okay so it's I'm telling you that it's not it's it's unusual for me and if it unless it was a special meeting that was not in our annual notice if it was a special meeting date that was outside of that schedule yeah then I did a notice for it um and of course the applicant noticed for it but if it was one a meeting date that we had already mentioned and we assigned it to somebody it was just the applicant that deserves it well it's interesting you've never been called on it which I don't want you to be called on it you know no so well no it's good that's what I'm saying I mean if if it's improper um well I may come to you and say there really is no there's no case on it I may say to you there's no answer and from generally my direction is conservative representation which would be don't do it because it's outside of the nor that's usually what I would want to do so it's been outside the norm but we didn't know yes yes that's fine and I'm not telling you that it's absolutely wrong but in a case where I don't find a case from or a uh or a a notice from the local Finance board who does all the dca's notices on and threatening or if I don't if Ron says you shouldn't do it it's out of the norm uh whatever I may do you know do my research and it may be that there is no case law so what do you do you should do what the what the law Rec allows you to do and generally nothing more than that go ahead just just question um would your would your opinion be any different if we had instead of calling the special news we had two regular regular SCH yeah no yes my opinion would be different you would be publishing them as regular meetings and then you would have to cancel them as I described earlier well so then that's that's what we're going to do like depending on you know I don't I just so what's the consequence if I forget to cancel and forget to post on the door that's cancel and forget to put on the bul board and I forget to cancel it on you know me it's maybe it's the day before a holiday or like so what's the consequence of that well the consequence of failure to cancel yeah okay there's probably no con of very can other than people who are right at the door at the door thinking that there's a meeting and maybe there's a a particular person that is litigation happy and decides to test the court then you're case having explain then you then you're in the court having explained to the judge well we were being cautious and we wanted these extra meetings and you're right judge we didn't cancel them by doing this this and this but we also didn't publish an agenda we also didn't send out uh any any any uh materials for people to review for that meeting that night and we had no uh we didn't took it off our our burrow calendar you know what I'm saying so so there's always that's yeah that's why I'm I'm you know just well first we have to come up with an answer I guess and then we'll have to DET just why we just not include this on there we already know we just do our regular meetings I mean we very rarely have what are what happens more often having the special meetings because what because it would be much easier for me to just put in a notice that we're having remember to cancel all 12 there we know they there I think and and I got in trouble for that one because it wasn't even on one of these days yeah I I I agree with the vice chair suggestion and maybe that's the motion publish your regular notice and everybody just take note of the other yeah all those other all of you should put that in your calendar and like I say pencil it in the BL when the blue moon comes happen and give it to your cler and if it turns out that you can do this in a month we can always have what okay so I'm just going to concentrate because I want to at least you know get the the annual notice with the regular meeting dates y so then um I would make a motion that we only publish the regular meetings as listed on the agenda okay and exclude the secondary special meetings Okay um mayori yes uh councilman nck yes I need my glasses back um Miss Hernandez yes uh Mr Mayor yes Miss Mahoney yes uh chair colen yes Miss sarine yes Mr Mr par yes Mr wett yes Miss Ley yes thank you see that being said what kind of queue do you have right now terms of that uh as far as applications I have uh two applications pending completeness that just came in at Christmas so as soon as we have um you know a completeness determination on those which I should be receiving shortly um you know if they have to submit additional information they may or may not be ready for our February meeting that's all you have that's all I and you have this other one onep from well the one well we didn't get there yet that's our regular business slow your roll all right so um I don't think we have any additional reorganization business so I need somebody to make a motion to close the reorganization meeting and open our regular meeting U make a motion we close the reorganization meeting for 2025 second all in favor thank you okay call to order the uh regular meeting of the Bradley Beach land use board we can stand for I pledge aliance to the flag of the United States of America and to the Republic for it stands one nation under God indivis DY andice for All 48 hour notice is required under the open public meetings act has been met as notice this meeting was emailed on January 7th 2025 and published in the Asbury Park Press the postar and the poster a copy has been placed on the bulleon board in the burrow office and a copy has been filed with the B uh mayor bosi councilman nocki here Miss Hernandez here miss Mahoney here miss sarine here Mr wisho is still excused this evening um Mr Mayor yes Mr cour here Mr warnett here miss Ley here um Mr Mayor yes and chair and also present we have anarie Roso and Gerald fra and Christine Bell if there are no applications tonight I won't be reading the uh notice for how the public should act but we appreciate having folks here um we're going to uh we have no correspondence for tonight but at the next meeting uh which is February 20th we will have that statement all right U the uh we would like to approve the minutes of the meeting on December 19th there's there's a few people um who are still here that are eligible to make the motion to adopt a motion uh Miss Mahoney yes Miss sarine yes Mr Mayor yes and and uh Mr Mayor yes we have resolution to be memorialized 20251 approval of both variances for construction of P patio hot tub Grill and Pap walkway from the driveway to the garage uh Susan Ley block 21 L 15 508 Ocean Park Avenue the eligible voters are Bob May laen s CH m denn I have mror yes Miss harine yes Miss Mahoney yes and Mr Mayor yes the next application was uh scheduled for uh scheduling purposes only so they could get on the 2025 schedule um number 24-13 both variances for the demolition of three single family delling um and a construction of a two and a half story dwell so um Mr do we have any idea about getting them on the SCH well what happened was um I just received a letter from Jeffrey beakman their attorney and they have decided to withdraw the application um and they are going to uh continue the present pre-existing non-conforming use of the property okay so we do not have to schedule this application have to accept that yeah yes and you should inquire if any member of the public has been noticed to be here or is here for that matter oh okay um is there anyone from the public with regards to um uh 103-105 Newark Avenue no okay so we don't have to vote to accept this no you do not have to vote to accept a withdrawal they have the right to do that we'll we'll mark it on our internal records for the file and uh whatever esro they may have published posed has to be put back so then as we doing they're just pulling the whole appliation they're pulling the whole application I don't know if they're going back to the drawing board I don't know what their intentions are right now they're saying that they're just going to continue the use the way it is um you know even though they are pre-existing nonconforming uses they can still do cosmetic things like a roof for a siding or you know things like that that's not changing the use and you and and that should definitely be communicated to like your zoning officer so that they put that notation in whatever file they maintain that it withdrawn that it was withdrawn because they may think they're a proper nonconform abuse but they may not they had to have existed at a certain time so yeah these prop yeah okay and um does anybody have any questions or any board members have questions com um I did mention to and I sent the email regarding the um mandatory education classes yes um so everyone who's been appointed and this is your first time serving on the board you have 18 months to complete the course um we just got our signed po back from njpo um for the registering the burrow which um entitles us to take the courses at a reduced rate um if you look on the front cover of the planner that these come you know quarterly they're supposed to come like every two months but they they seem to be delayed um there are some dates listed there um once I get the confirmation that we have paid them and we are re-registered um for the year um we can pick dates that are are listed there most of the classes are virtual um it is about a 5 hour class on a Saturday um and you do have to take an exam at the end of the class which is reported to pass fail um and it is registered and reported with njp I DCA thank youate through you yes it has to go through me they won't accept registrations directly from board members because they don't know that you're a board member so if they make sure that they just let me know and we'll coordinate and I do the PO get you registered and I send in the registration to PO isn't this time of year when you have to do Financial Expos just I was going to say that's going to come from the clerk that has nothing so you don't get in trouble if you've never done before pay you will be by you will be fine so that's coming that gets issued through the local through the Department of Community Affairs local Finance board issues that and that is required of every government official including myself as a as a board attorney uh and everyone on this board even the alternates you have to do the financial disclosure no later than I think it's April 30 there's a time yeah that so it'll come through your clerk who then will teach you how to do it for those who haven't done it in the past she has to give you a password or something she has to give me a password uh we file that uh and that then is available to the public to see and it basically asks what all of your financial assets are with respect to real estate and whatnot and they B they require that in in conjunction with the state ethics law and with your uh State uh ethics requirement to not sit on cases where you might have a financial interest either in a corporation or in real property so and all your questions should go to your Club in public people new people never done that before right and some people get upset about it but you should be upset about it yes you know but it is it is uh it is a requirement of the the title and and the job even though you're volunteers you have to pretty much tell what you own as far as corporations in real estate I don't think they ask for bank accounts they ask for jobs they for jobs where your coming from yeah where's your income coming from right and what real estate holdings do you have as such just just it's kind of much of Lunes that yes yeah once it's done like following years goes into that big file cabin friend I would to see the L but other than that um everyone everyone has my email now that's the best way to to contact me um I am part-time here in Bradley Beach so the best thing to do is Emil here too uh usually Tuesdays and Thursdays and it's usually By Appointment um because mostly everything I've been able to and it really started since Co because everybody just got used to doing everything online so all my forms are available I can answer questions and I have access to my email all the time I don't physically have to be here um I don't know if I missed it but are we required to get like a Bradley Beach nj. email address for corespond discuss that what have you done in the past we have not okay so many towns don't want to give boards an official email address and that means that you have a buring under Oprah which is uh very uncomfortable and that is if you are not using an official government um email that then a person asking for Oprah can ask for public records in the account that you are using so if you are using an account that you only use for land use business like uh uh Mr Mr Mayor at gmail.com or Mr Manor landuse gmail.com and all you do is Our Land for you're fine because none of your personal business is going to go out there but if you're using the same account that your wife uses and you keep track of your kids schools and uh you have a a death or or whatever whatever you're doing in your private account could theoretically be subject to release under Oprah now generally that shouldn't happen because Oprah says release official government records but when you're using a private account it becomes suspect so I do like to tell my boards I don't tell the town what to do but I do try to tell the boards that if you're new uh you might want to open a an account an email account that you solely use for board Communications and this way you know there is nothing what does that do that means you got to put another account I have three accounts on my phone you have to put another account in your on your cell phone you have to take you have to respond to it your your board secretary will have your email and that's where she'll be sending whatever regular notices come so it puts a little bit more paperwork and burden on you uh but I highly recommend it because I have represented Mayors and Town Council people who use their work addresses and then their employers are hit with the possibility of having to give records in opal so it's not a pleasant thing I mean I had a mayor who was using his work address deliberately and he he was always getting opened and the judge said he's using that account I we don't care that it's a it's his his priv his private work email and he was a lawyer too which meant he had confidential information because lawyers received confidential information so but because he did use it for government purposes it was allowed to be invaded they didn't get records from his clients we had to hold them back and we had to tell when you when you hold something back under Oprah you basically have to tell that person we didn't give you these because you're not entitled to them they're not government records so it becomes problematic and do yourself a favor in start a new account on Gmail orever you do your accounts yes sir so are there any reasons if the burrow you don't tell the B what to do but if the bur had the ability to provide that go yes to this Bo could we do that so I absolutely when I represent towns I absolutely recommend that they do provide the uh do provide the email through the burrow website and the burrow servers everything then is in your borrow servers period and frankly frankly everything a lot of opras like 80% of Ops are asking for emails and email attachments right I highly recommend it mayor but you should talk with your Bor attorney the downside to having boards and usually it's two boards right here we have a combined board which makes a little easier the downside is that there is um frequent uh change in of people they leave for some reason or their term is up it's more it's 10 more people that your clerk has to manage when they do leave the the email has to be stopped at 12:00 midnight on the day that they're resigned or whatever the case may be it's a management thing it's not a it's it's it's not a requirement under the law but it should be looked at to be whether it should be a policy of your Bor that you do that and I don't know if you're opening it up to other people but I imagine all your town all your Bor officials already have official they do and I'm kind of learning as I go but my understanding is we might have the ability to capacitate so then just be a question getting set up so that's correct before everybody scram a set of new GS yes I I highly recommend it and I'm glad I have a mayor here that sits in understands what I'm saying because sometimes it's it's really difficult over is one of the most honorous things that we have to do and the and and the other thing is it's we have a new law luckily but you know previous to the September amendments uh the entities were getting killed in court they were getting because all they had to do was win 5% of the case and they would get attorney and it's it's way out of whack what people request from 20 years ago when the when the court when the Supreme Court first said oh it's just a click of a button to give them an email but that was in a case where they wanted one week of emails from two people a police chief and a clerk now they ask for 18 different accounts and five years of emails and they think that there's going to be gold in these emails and it costs a lot of money for people like for you to pay me to look at all those records so it's it's it's a very honorous thing and one of the ways you can avoid it is everyone uses the official web um me email no personal email and don't text about your business your government business don't text try not to use your cell phone to make uh uh emails where you don't have them on on your official account these are just basic things that you should do remember you are a volunteer but you're also a government official you have obligations and duties and you have you know uh benefits to being that be being here to help your citizen so I think from a from a security standpoint having experience in in running servers um you having control the town having control over distribution of the email if I'm you know Mitchell kartor landuse board gmail.com yeah you have no control over that and uh it exist when I am no longer a board member that email address still exists and it's like well how do you how do you access that only I have access to that you don't have access to can't shut it down yeah and as government officials just council members this gets beat into our head you know don't Cole yeah so so to the extent we can avoid coml among the to do that so CHR I'll go through you I'll let you know what we can do you can get mess but yeah I I don't think to the idea to be personal yes yes well I'm you're making even that so I'm happy but do talk to your Council about it there there are pros and cons but I think the pros heavily outlay the cons you know you have to let your cour know it's additional cour D so whoever does it according to me maybe you have an it you know so okay then you don't but we I do have papers yeah yeah yeah okay very thank you any other comments or questions from the board no I make a motion to uh adjourn the meeting uh the next meeting will be February 20th second all in favor thank you for coming everyone thank you ch